Alternative Dispute Resolution In Civil Law

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Alternative Dispute Resolution (ADR) was expected to be one master stroke to simplify the English civil justice process; and increase access to Justice. It was to rid the justice system of three afflictions, the cost, delay, and complexity, which were resulting in denial of access to justice. In the nearly 17 years of experience, the cost has burgeoned, delays have multiplied, and the system has just seen an additional obstacle namely the step of mediation. The cost mentioned here is the cost to public exchequer; over £2 billion is paid to lawyers from the legal aid budget a year. Out of this expenditure, £0.9 billion is spent on civil cases. About £468 million has gone towards lawyers' fees in child custody cases. Several authorities in the …show more content…

Understanding and if possible reconciling the opinions would help in a better perspective. Under the common law scenario, justice is often viewed as a public service, whereas under a civil law system, it tends to be an expression of State power. In the modern sense of the term, at least in the past 1,000 years, judiciary is one of the three important organs of a state. The state has a duty to provide justice to people and for that purpose has to build suitable infrastructure, create laws, train judicial officers and most importantly exercise necessary supervision over the system. Such justice system has the stamp of authority, a guarantee of competence and independence; and critically, there is the inherent threat and coercion of the state power in enforcing compliance. The decisions that flow out a formal court have the tone and effect of finality in ending the …show more content…

The earlier method was more voluntary in nature, and it had the force of community sanction behind it. The later day ADR is an offshoot of state's eagerness to decongest the justice system and to ameliorate the burden on public finances. To this extent, it carries certain legacies, lacunae and advantages of the judicial process; and as a consequence, suffers from the maladies but also shines because of formal sanction. For the purpose of this study the focus is on the development of ADR in its current form as a component formal legal system and particularly as it is progressing in England and Wales. It is about since 1990s that the system is gaining colour of an institution; and it is only since about 20 years that the senior judiciary and the government in UK are paying such serious attention to the

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